Graham v. Filbert , 51 F. App'x 464 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7324
PAUL GRAHAM,
Petitioner - Appellant,
versus
WILLIAM O. FILBERT, Warden; WILLIAM H. HAYES,
Assistant Warden,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA-
02-1117-CCB)
Submitted: November 21, 2002 Decided: December 3, 2002
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Paul Graham, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Paul Graham seeks to appeal the district court’s order denying
his 28 U.S.C. § 2254 (2000) petition for failure to exhaust state
remedies. We dismiss the appeal for lack of jurisdiction because
the notice of appeal was not timely filed.
Parties are accorded thirty days after the entry of the
district court’s final judgment or order to note an appeal, Fed. R.
App. P. 4(a)(1)(A), unless the district court extends the appeal
period under Fed. R. App. P. 4(a)(5) or reopens the appeal period
under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory
and jurisdictional.” Browder v. Director, Dep’t of Corr., 434 U.S.
257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220,
229 (1960)).
The district court’s order was entered on the docket on April
19, 2002. The notice of appeal was filed on August 27, 2002.
Because Graham failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we deny a
certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
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